What are the requirements for a petition to correct inventorship during reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A petition to correct inventorship during reexamination must meet specific requirements as outlined in MPEP 2250.02 and 37 CFR 1.530(l)(1):

• The petition must be submitted as part of the reexamination proceeding
• It must satisfy the requirements of 37 CFR 1.324
• All parties set forth in § 1.324(b)(1) and (b)(2), including the assignees, must be included
• Satisfactory proof of the facts must be provided
• The fee set forth in § 1.20(b) must be paid

If these requirements are met, the Director may include an amendment naming only the actual inventor or inventors in the reexamination certificate to be issued.